Universalism And Relativism Human Rights As A Framework For Negotiating Interethnic Claims
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International Human Rights and Humanitarian Law
| Author | : Francisco Forrest Martin |
| Publisher | : Cambridge University Press |
| Total Pages | : 1028 |
| Release | : 2006-01-16 |
| Genre | : Political Science |
| ISBN | : 9781139448932 |
International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.
Human Rights with Modesty: The Problem of Universalism
| Author | : András Sajó |
| Publisher | : Springer |
| Total Pages | : 380 |
| Release | : 2013-12-11 |
| Genre | : Political Science |
| ISBN | : 9401761728 |
This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.
Human Rights, Southern Voices
| Author | : William Twining |
| Publisher | : Cambridge University Press |
| Total Pages | : 249 |
| Release | : 2009-09-24 |
| Genre | : Law |
| ISBN | : 0521113210 |
This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.
Discourse on Rights in India
| Author | : Bijayalaxmi Nanda |
| Publisher | : Taylor & Francis |
| Total Pages | : 343 |
| Release | : 2018-09-03 |
| Genre | : Political Science |
| ISBN | : 0429827148 |
This book is a compelling examination of the theoretical discourse on rights and its relationship with ideas, institutions and practices in the Indian context. By engaging with the crucial categories of class, caste, gender, region and religion, it draws attention to the contradictions and contestations in the arena of rights and entitlements. The essays by eminent experts provide deep and nuanced insights on the intersecting issues and concerns of individual and group identities as well as their connection with the State along with its multifarious institutions and practices. The volume not only engages with the dilemmas emerging out of the rights discourse, but also sets out to recognize the significance of a shared commitment to a rights-based framework towards the promotion of justice and democracy in society. The book will be useful to academics, social scientists, researchers and policymakers. It will be of special interest to teachers and students in the fields of politics, development studies, philosophy, ethics, sociology, gender/women’s studies and social movements.
From Cape Town to Kabul
| Author | : Professor Penelope Andrews |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 354 |
| Release | : 2013-01-28 |
| Genre | : Political Science |
| ISBN | : 140947240X |
Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of ‘conditional interdependence’, the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women’s rights to gain momentum and reap greater benefits. Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.
Global Perspectives on the Rule of Law
| Author | : James J. Heckman |
| Publisher | : Routledge |
| Total Pages | : 507 |
| Release | : 2013-03-01 |
| Genre | : Law |
| ISBN | : 1135202664 |
Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.
Human Rights from a Third World Perspective
| Author | : José-Manuel Barreto |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 460 |
| Release | : 2014-08-26 |
| Genre | : Philosophy |
| ISBN | : 1443866458 |
Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.
Multicultural Odysseys
| Author | : Will Kymlicka |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 385 |
| Release | : 2007-08-02 |
| Genre | : Law |
| ISBN | : 0199280401 |
Using an innovative blend of political theory, international law, and studies on the sociological and geo-political foundations of minority rights, this landmark publication will set the debate on the likely future of the international politics of diversity.
Reframing the Intercultural Dialogue on Human Rights
| Author | : Jeffrey Flynn |
| Publisher | : Routledge |
| Total Pages | : 275 |
| Release | : 2013-11-26 |
| Genre | : Philosophy |
| ISBN | : 1134522223 |
In this book, Flynn stresses the vital role of intercultural dialogue in developing a non-ethnocentric conception of human rights. He argues that Jürgen Habermas’s discourse theory provides both the best framework for such dialogue and a much-needed middle path between philosophical approaches that derive human rights from a single foundational source and those that support multiple foundations for human rights (Charles Taylor, John Rawls, and various Rawlsians). By analyzing the historical and political context for debates over the compatibility of human rights with Christianity, Islam, and "Asian Values," Flynn develops a philosophical approach that is continuous with and a critical reflection on the intercultural dialogue on human rights. He reframes the dialogue by situating it in relation to the globalization of modern institutions and by arguing that such dialogue must address issues like the legacy of colonialism and global inequality while also being attuned to actual political struggles for human rights.
